Class 4 felony

First felony offense eligible for deferred prosecution under Offender Initiative Program

December 29, 2012
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A person who is charged with a felony but has no criminal background will benefit from a new state law in 2013 that allows for dismissal. The Offender Initiative Program is a new statute modeled after the deferred prosecution program developed by Cook County State’s Attorney Anita Alvarez. The statute will apply in all counties [...]

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Important changes to Illinois retail theft laws in the year 2012

April 24, 2012
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Illinois state law concerning retail theft has seen some significant changes in the year 2012. State lawmakers in Springfield have overhauled the retail theft statute. First, the offense is no longer found under 720 ILCS 5/16A-1. That section was repealed, and replaced by Section 16-25. All charges for retail theft written in 2012 fall under [...]

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Possession of a fraudulent identification card: a serious offense

February 17, 2012
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Many people would be surprised to know that possessing a fake ID in the state of Illinois can result in felony charges. While it has been a right of passage for young people to use fake IDs to buy alcohol and get admitted to over-21 establishments, the law in Illinois punishes this practice severely. The [...]

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Aggravated unlawful use of a weapon under Illinois law

October 5, 2011
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The state of Illinois has some of the nation’s toughest laws on firearms. It is tragic because Chicago is one of the most violent places in America. If there is any place in America where a person would need a firearm for protection, it would be Chicago. Although the Second Amendment gives each person the [...]

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New Illinois law criminalizes possession of bath salts, K2 and Spice

July 22, 2011
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Illinois governor Pat Quinn signed a law on July 22, 2011 that makes it a criminal offense to possess bath salts. Bath salts are also known as MDPV, and cause a hallucinogenic experience with the user. A woman in downstate Illinois died from an overdose of bath salts within the last year. Illinois is now [...]

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Illinois felonies result in conviction despite fact that offender has no criminal background

May 24, 2011
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A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The judge presiding over felony cases is usually a Circuit Judge. These judges are [...]

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Illinois law on felony probation sentences, generally

May 20, 2011
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The principal rule in regards to felony sentencing in Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. Rather, the law requires that the judge must sentence the defendant to a conviction combined with some other terms. Usually in felony cases, the judge has discretion to sentence [...]

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New interview on eavesdropping law

May 6, 2011
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I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping. Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5/14-2. It is not a defense that the conversation occurred in a public place. The other person’s [...]

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Newly proposed law in Illinois allows for medical marijuana

April 28, 2011
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Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsored by Democrat Lou Lang from Skokie, HB 30. If passed, the new law would be called the Compassionate Use of [...]

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Summary of felony prison sentences

April 9, 2011
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Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year imprisonment. Among the various felony offenses, the law distinguishes them in the following way: Class X felony: Mandatory sentence of 6-30 years in the [...]

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